Madras High CourtCRL OP/1346/2025allowed

Gokul Kumar v. The Deputy Superintendent Of Police

2025-01-17Honourable Mr Justice G.R.Swaminathan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.01.2025

CORAM

THE HONOURABLE MR. JUSTICE G.R.SWAMINATHAN

1. Gokul Kumar

2. Iyappan

3. Velmurugan

4. Parthasarathy

5. Gobinath

6. Surya Prakash

7. Sibi ... Petitioners Vs

1. The Deputy Superintendent of Police, Gudiyatham Sub Division, Vellore District.

2. The Inspector of Police, Paradarami Police Station, Vellore District.

(Crime No.11/2023)

3. Manoj ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of BNSS 2023 praying to direct the learned Principle District Judge (Special Court for SC/ST Act Cases), Vellore to consider the bail application of the petitioner on the same day on merits of his surrender in connection with Crime No.11 of 2023 on the file of

second respondent.

For Petitioners : Mr.T.Muruganantham For Respondents : Mr.S.Vinoth Kumar Government Advocate (Crl.side)

ORDER

Heard, the learned counsel on either side. The petitioners are figuring as Accused in Crime No.11 of 2023, on the file of the respondent police, for the offences under Sections 147, 148 and 324 of IPC read with Sections 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST (POA) Act, 1989.

2. In view of the amendments made in the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, this Court is of the view that the usual directions that were issued by this Court cannot be issued routinely in all cases. Therefore, the petitioners are directed to surrender before the trial Court within a period of two weeks from the date of receipt of a copy of this order and on such surrender, the learned Principle District Judge (Special Court for SC/ST Act Cases), Vellore, shall deal with the matter on the same day on merits and in accordance with law. The notice to the victim under Section 15(A) of the SC/ST Act can be issued in advance by informing their date of surrender by the petitioner. The postal receipt and the acknowledgement card / returned cover shall

be enclosed with the surrender petition. Notice shall be sent by the petitioners to the last known correct address of the victim.

3. This Criminal Original Petition is disposed of with the above directions. 17.01.2025 Internet:Yes Index:Yes/no Speaking/Non speaking order mn/rpl

G.R.SWAMINATHAN , J.

mn/rpl To

1. The Principle District Judge (Special Court for SC/ST Act Cases), Vellore.

2. The Deputy Superintendent of Police, Gudiyatham Sub Division, Vellore District.

3. The Inspector of Police, Paradarami Police Station, Vellore District.

4. The Public Prosecutor, High Court, Madras.

17.01.2025